Questions tagged [claims]

Related to claims definition, interpretation, technical terms, the extent, scope, of the protection conferred to a patent

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256 views

Does the finding of an invalid claim defeat the patent application?

As I understand it, a dependent claim would be invalidated if the cited independent claim is found invalid by the authority (examiner or judge). QUESTIONS Scenario 1: USPTO examiner finds an ...
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98 views

What are the key questions that should be answered in Claims

Context: USPTO for an electronic device. Are Claims required to answer the question: What can the device do? How is it useful? How is it novel? As I understand it the description and drawings ...
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What are the best post-Alice strategies for drafting claims in software patent applications?

As I understand, the Alice decision set up a two-step rule for determining patent eligibility. Subsequent rulings in the U.S. (like McRO, Inc. v. Activision Publishing, McRO v. Bandai Namco Games ...
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A US independent claim never starts with a definite article 'The'

I am digging into the USPTO bulk patents and patent applications and I observe a pattern for any independent claim: it never starts with a definite article 'The'. However, I have not proved that yet. ...
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When the examiner's rejection is based on “one of” language, does this necessarily mean the statement can only be allowed by changing to plural?

The example is a statement such as ...a transmission function of at least one of: a communications subsystem of the device, or program application installed on the device, capable of ...
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Is there a clear advantage of filing a Continuation application with new claims vs. heavy revisions of original claims?

(Clarifying with more detail): With the original application in prosecution with multiple rejections to be resolved, is there an advantage of filing a Continuation application with the same specs but ...
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33 views

In claims, is it allowed and of proper form to define a term or phrase in the form “hereinafter referred to as …”?

For example: ...the message data source content to be transmitted, hereinafter referred to as “the source content” ... I feel I need to do something like this in multiple places because the ...
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58 views

Elimination of Cannabis Manufacturing/Processing?

In reference to the patent: US20170290869 Seems this patent would eliminate or preclude 100's of companies in states where cannabis processing is legal, most companies are now processing by CO2 ...
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1answer
50 views

First publication claim patent

I published four months before them They filed for patent eight months after I published Can I claim their patent? Also I submitted an very similar patent two months before I published. I am just ...
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Examiner Cited Disclosed Art 3 Years After the fact in a 102 Rejection

I have an outstanding patent application that has gone through 5 Office Actions, 9 prior art citations, and one improper final office action withdrawn by the TC Director over the past 3 years. On the ...
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Retrieve US patents claims

I am trying to automatically retrieve patents claims from different jurisdictions. Open Patent Services allows to retrieve patents Claims from WO, EU, and several other patent offices whereas no ...
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Does my invention infringe on this hardware/software system?

So say there exists a patent for a hammer simulator, it consists of a piece of hardware: a specific hammer's (modified) handle connected to sensor base that detects any movement and translates that ...
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45 views

Patent image irrelevant to claims

I am looking at a particular patent where they are claiming a GUI (graphical user interface) that contains a draggable interactive controller as a critical element of the invention. But one of the ...
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1answer
1k views

Is no one ever allowed to use a simplex grid in procedural generation until the Simplex Noise patent expires?

I'm having a hard time interpreting the claims found in Ken Perlin's patent for simplex noise. It seems that if I do not use the same method of hashing indicies that he used, I'm not violating claim ...
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Patentability due to conflicts between dependent and independent claims

For the patenting of one idea, found an existing granted patent which is slightly similar, though seems to not cover the entire idea. One aspect though is not so clear whether it will be an issue or ...
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1answer
46 views

Can I patent in spite of this existing patent with very broad description?

I want to patent my product which does something based on your proximity to it, using your smartphone's GPS. I'm searching for existing patents, and I found this one which is about an LED light, ...
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Advantages of Designing Sub-Patents based on an initial wide-ranging Patent owned by the same inventor?

As a general rule of thumb, what would be the main approach/advantages to designing a series of secondary patents, all based on a broad initial patent, but which are themselves more specific to ...
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If I in my specifications explained enough where someone can recreate my invention but broad in claims could that pass in the uspto?

If my description has enough detail such that someone in the field could recreate it without problems, but my claims ( the part which is the real protect ) are broad to make it hard for infringers. ...
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307 views

Is it best to make independent claims very broad and depended claims very narrow?

Would this counter balance the patent well? So people know exactly what my invention is but but are very limited in work around cause my independent claim is so broad and hard to work around. Its Very ...
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76 views

Should patent claims be narrow yet vague?

I'm learning about drafting a patent. I was told you should walk a line between broad and narrow. You want the claims to cover many things but not so many that they infringe prior art. So I was told ...
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102 views

What is the proper structure for a claim statement involving “a plurality”?

To state that something is but one among a field of many possibilities, which of these is the better way to structure it?: “...executing transmission of the digital content to at least one of a ...
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2answers
664 views

Must I infringe on EVERY PART of a claim to infringe…?

I have a question regarding how “close” a product can be in terms of IP infringement in the US and the use of language in a claim. We make a specific kind of paracord / kernmantle. This includes ...
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1answer
45 views

Can terms and conditions trump patent awards?

I am about to apply for a patent with regard to a specific type of interaction between website users. My website has been developed to allow Facebook logins for users (but not implemented yet), but I ...
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1answer
52 views

Guidelines or advice about establishing limits on independent claims

It's my novice patent-drafter understanding that independent claims (especially the first one) should be as broad as possible without being so broad that as to easily negated by prior art of any kind –...
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124 views

Claims statements repeated in different categories such as “a method for,” “a system for,” etc

Referring specifically to a computing device interface invention: when a substantially similar set of claim statements is being repeated under categories of "a method for," "a system for," "a computer ...
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149 views

Termination of patent right or utility model

I was looking up some prior art that reads, "Termination of patent right or utility model", in the LEGAL EVENT notice on the patent document. what does this mean? why would/could it say this?
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Is this an actual patent? WO2012046284A2

In reference to the patent: WO2012046284A2 There is no technology described in this patent. There are wrong descriptions of scientific theories and many other errors. It even invokes religious ...
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1answer
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Can seemingly unrelated claims be grouped together if they're part of the same broader invention?

Suppose I'm filing a patent about a new web based utility. Can various aspects of it, such as presentation, database setup, processing method, etc. be grouped together as individual claims in the ...
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1answer
197 views

Is there a Patent-to-English dictionary?

On another site, I learned that many words in U.S. patents have very specific meanings, subtly different from their usual meanings in English. For example, "comprising" is different from "consisting ...
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2answers
267 views

Inventive step and how to express multiple solutions to a problem

If an inventive step solves several problems outlined in the background, should you list each problem as an "object of the invention" separately and if so, do you need to address each solution ...
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372 views

Patent with Multiple Claims

Suppose a granted patent has four claims A,B,C and D. Can someone do what the patent teaches using only A,B and C only without infringing the issued patent? Ashok Mathur
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572 views

Combining two claims for two inventions in one patent

I was informed by the patent agent that I work with that I can combine two related inventions in one patent if they function together and use similar features. He said that by combining the two I ...
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1answer
40 views

Software invention with multiple aspects and method

In a software invention, if you describe two or more aspects of the invention. Are those aspects referred to as methods or they are defined as the method of the invention which cannot be divided. ...
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397 views

Two aspects of the same invention and one aspect is not unique

Ok, so suppose I have an iOS patentable application. The app consists of two components let us name them Com1 and Com2. Com1 is simply a normal means of input that takes input from the user of the app ...
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2answers
92 views

Software invention with two components

So, assume I have an iOS application with two components. Let us call those C1 and C2. C1 takes input from the user and does some calculations then stores it for C2 to do more calculations and display ...
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How to deal with two aspects of invention in claims

So, assume I have a software invention with two aspects. Let me provide an example to simplify things. Assume I invented a client and server. The client and server both communicate with one another. ...
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3answers
123 views

To patent a technology on a smart device and a yet to be made apparatus

I am reading on some patents and I want to make sure I understand them right. Let us follow my example which is a custom vibrator. I have no plans on making a patent over it, I am just using it as an ...
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1answer
509 views

Do you have to amend claims lacking novelty or an inventive step

If I file a patent application and it turns out some of my claims are lacking novelty, or an inventive step, do I need to amend those claims in order to comply with PCT Article 33(2) or PCT Article 33(...
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210 views

patent conjunctions

English grammar – states that [a]n article of a preposition applying to all the members of the series must either be used only before the first term or else be repeated before each term. 1) Is ...
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1answer
240 views

How to write claim with only novel elements of my invention

Hi, I have a prior art invention - invention A; My invention - "invention B" has most claims common to that of Invention A. But while structuring the claim, and speaking from perspective of ...
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Patent Troll Alert PCT/US2016/031871

In reference to the patent: WO2016186925A1 CLAIMS We claim: 1. A method of performing upscaling, the method comprising: parsing an input video; breaking the input video into individual frames; ...
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774 views

Claim dependence on later claim

Is it allowable in US patent applications to have a claim dependent on a later claim in an amendment? For example: (previously presented) The system of claim 17 where .... .... (currently amended) ...
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1answer
119 views

Independent claim construction - “Missing” keywords

I have been given the task of checking the most recent patents of our competitors for infringement. I must say I am not a specialist in patents but I mostly enjoy the learning experience. One of our ...
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2answers
74 views

Patent details changed without consent

I am the inventor of a live patent application which has been altered by the owner of the patent against my wishes. If I withdraw my name from the patent application will this stop the patent going ...
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1answer
71 views

why is this patent not reference significant previous work?

In reference to the patent: US20130024676 The patent application (with a 2011 date) is too broad and attempts to patent the entire concept of control flow integrity. There is HUGE previous work ...
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2answers
142 views

What does US20160034139 cover?

In reference to the patent: US20160034139 The patents link has no diagrams and hence it is very difficult to understand what this patent is all about. Can someone please explain? The first claim ...
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1answer
140 views

Multiple Inventions as Independent Claims

This may be a dumb question, but I cannot find the answer anywhere, so here it goes: Can I file multiple different and unrelated inventions as independent claims in one application? For example, let'...
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1answer
61 views

What is a method, what is a system, and what are the differences?

Very strange but I have researched this all over the web and so far have found no answer to this question. I even asked the law firm that is writing my patent application and they have hedged on the ...
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4answers
199 views

Request for explanation in easy words

In reference to the patent: US8463238 What does this patent claim? Could someone please explain the scope of this patent in plain English?